The Hawaiian gazette., 1887-06-14
the Court has transcribed Its power.
the Court Viii grant the writ and dis

SAoA * tlC A4-Se-t-.
Ex-parle Parks. % [. ). Is. -.
Ex-parte LANCE. Is Wall l65. us.
I76.
The judgment inds the defendant
: guilty Of selling liquor" the selling
oi which without license is not the Of
Tense described By statute. Theword
''spirltuOUs, : omitted.
The omission Of any. essential stat
uJory term Of description in an indict-
ment Is fatal
WharV0n's Or. /. 14SS.
Therefore the omission os sUcu tenn
in judgment Is fatal
The complaint Is detective IN many
. particulars u substance and cannot
4 De sustained, il does ACT SCI Eo~th 10
z whom the lCulr was sud. nor that IL
4 was sold 10 5 person unknown. Com.
. v. Dem. Il Pick. 3S4.
The statute provides that where q
+ rne. or hne and costs are imposed,
+ ana a person Is sentenced ITO be i'm
. prisoned CLul the same be paid. the
+ Imprisonment shall be deemed TO dis
4 charge such me. or fne and costs at
f the rate OF ltTy cents per day,
: In TINS case there was no sentence
+ Of siTrss...sci Whether the law can
I be construed IL mean that Judgment
Of Imprisonment ID default 81 such
payment would lee legal. : GoS the
question here. but whether imprlsOn-
menL not having been mentioned II
the Judgment, can be enforceds
The case e Cooper, 3 H2w., Il. Is
n point. There the statute prescribed
hard labor as well as Imprisonment.
but the Judgment omitted hard labor.
and on this account il was held bad.
The Police Justice exceeded his IL
risdieJion il ordering the defendant
10 be Imprisoned until the tne was
paid.
Where : justice q the peace. hay-
ms. power 70 fine or lmpIlson Tor 2
limited time, adiudge3 the defendant
70 pay 3 fine. ana stand committed
until paid. the judgment was held
Void. The imprisonment being inGef-
mite ana beyond the jurisdiction ot
the Court.
Hur3 On Hab, Cor so ana eases
there cited.
81 rEE CoCEC:-Ihe -rsC question
reserved Tor our consideration i:
Does Il appear by the miJUmus
herein that the ctepSe therein alleged
10 have been committed. was commit
ted within the Jurisdiction q the Pc
Ice Justice WHO signed the ulllmuss
The miJuMUs states x conviction n
the Police Court OF Honolulu for sell
ing and disposing of sputuous 10
uors without = license.
We ara q opinion that this CUES
U,oD must be answered IN the negative.
We think the statement Of the Ohense
should have gone farther. and that
the following words should have been
added; within the District Of Homo
lTlU'' or within the Island Of Oahu"
and that these or similar words &C
cording Z the jurisdiction Of the con
vic1lng magistrate should be inserted
N the mltlnus.
Inc second question ::
Is the nltCuGs herein defective Tor
not stating that liquor was sold 70
any person "
TINS question We also think must
be answered II the negative.
We are not prepared 10 say that the .
decision u Com. y. Dean u Pick. /
S34 : incorrect. but admit that il Is IN
accordance with the current Of author +
ity both n England and America.
but the point mas been decided IN this
Court N Rex y. Giliineham , How. .
81 upon the construction Of our stat .
uges. and : therefore not open 70 the
petitioner N this case. The petitioner
might have objected q the hearing ID
the Police Court and the charge could .
then have been made more specific.
The third question ::
i The IlistiGzUS herein detective for
loe stating TIE time when the alleged
offence was committed
This question mus also De answer
ID II the negative Tine i not u the
essence q me OEa1se. There : 10
limitation BY Law. And the charge a
appears by me papers before Us was
definite . 10 date.
The fourth question Is:
Is the Rittimus defective II not .
setting out specifically IN which de-
gree the prisoner was found guilty. +
the second section Of the Act Of 1886 .
relating 70 the sale OF sp;rituous
liquors. referred % II said mittimus.
punishment according 10
the degree q the ofense2
The section Of the Act referred 10
provides that persons selling spiritu-
Gus liquors WITHOUT a license shall tor
the Erst ofe2se suffer & pecaniary pen
atty and for every subsequent oEense
shall suffer imprisonment II addition
70 3 pecuDiary penalty
We d. no. think I l. correct Il say
that this section provides punishment
for diEerent degrees u the same II
tense q II MaEslangh.er. larceny. e.c-
Il merely provides a extra punish
mel. ~ : CONVICTION. nUc 5cr thes1Lae
ufelsS u2G tcT ne commission u
Ike u1rcSe sG another occasion
ms -as-Ee - alleging = previous
2lss - taken - mean.